Simple English definitions for legal terms
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Term: LEX HOSTILIA DE FURTIS
Definition: The lex Hostilia de furtis was a law in ancient Rome that allowed the state to prosecute someone for stealing on behalf of the owner if the owner was captive or abroad. This law affected legal actions called actiones legis, which required specific words to be used. These actions were later abolished by the leges Juliae.
Definition: The lex Hostilia de furtis was a law in ancient Roman law that allowed the state to prosecute a person for theft on behalf of an owner who was captive or abroad. This law affected the actiones legis, which were legal actions that required the use of a fixed form of words.
Example: If a Roman citizen was captured by an enemy and their property was stolen while they were captive, the state could prosecute the thief on their behalf using the lex Hostilia de furtis. Similarly, if an owner was abroad and their property was stolen, the state could also prosecute the thief on their behalf.
Explanation: The lex Hostilia de furtis was designed to protect the property rights of Roman citizens who were unable to defend their property due to captivity or absence from the city. By allowing the state to prosecute thieves on their behalf, the law ensured that their property was not lost or stolen without consequence. The law also affected the actiones legis, which were legal actions that required a specific form of words to be used in court. This meant that the lex Hostilia de furtis was not only a substantive law but also a procedural law that governed how legal actions were conducted in ancient Rome.